Maureen Faibish, the mother of slain Nicky
Faibish.
(ABC7) |
Sunday morning, Maureen Faibish told me her family still plans to move away from San Francisco. Their home on Lincoln Way is packed with moving boxes but remains inaccessible, still being deemed a crime scene by police.
And now, there is more reason than ever to believe we could see charges filed in this case.
Still mourning the death of her 12-year-old son, Nicholas, Maureen Faibish did not want to appear on camera. Her new admission that she told Nicholas to stay in the basement - away from the family's two pit bulls - is not only making headlines, but now may lead to possible criminal charges.
Maureen Faibish, mother of boy killed by pit bull: "It sounded like I threw him in the basement. No, he has video games and TV and a bathroom down there, just while I ran some errands.
Pamela Tom, ABC7 News: "But you wanted him to be away from the dogs because she was in heat?"
Maureen Faibish: "She was in heat, yeah. You just don't mess around when two dogs are going at it. Just try to keep away from them."
Dean Johnson, ABC7 news legal analyst: "For a prosecutor, that's the missing piece of the puzzle. It says to us Ms. Faibish's state of mind was that she knew, or should have known, that she was putting her child in danger. That definitely opens her up to some charges."
Johnson says the district attorney's office must act in this case.
The Faibish family kept the two pit bulls at their home on Lincoln Way, a female named Ella and a male, Rex. Neither was spayed nor neutered. Nine days ago, one of the dogs fatally mauled the Faibish's eldest son to death. San Francisco police shot and killed Ella while Rex remains in custody at Animal Care and Control.
After the deadly attack, San Francisco Mayor Gavin Newsom called for recommendations to prevent another fatality. The commission for Animal Care and Control is advising that the city adopt legislation requiring every dog to be spayed or neutered, with an exception for licensed breeders.
Laurie Kennedy, Animal Welfare Commission chairperson: "The correlation between aggression and not being neutered is clear. There was a survey of 200 fatal dog attacks, and out of 200 fatal dog attacks, only two had been neutered."
And does Maureen Faibish think her or her family will own pit bulls again?
Maureen Faibish: "We don't think about that right now. We're just trying to make it day by day."
The San Francisco district attorney's office did not return our calls Sunday.
Our legal analyst Dean Johnson says the possible charges range from misdemeanor child endangerment that carries a penalty of up to one year in jail, to involuntary manslaughter with a maximum sentence of four years in state prison.
Johnson says if more egregious facts emerge, a second degree murder charge is not out of the question.
The Associated Press contributed to this report
Last Updated: Jun 13, 2005